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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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High Court of Karnataka Sets Aside Order Referring Dispute to Arbitration in Commercial Suit — Arbitration Agreement Not Duly Signed by Plaintiff. Section 8 of Arbitration and Conciliation Act, 1996 requires existence of valid arbitration agreement; mere reference in invoices insufficient.

The petitioner, M/s. Tusker Workspace Pvt. Ltd., filed a commercial suit (Com. O.S. No.207/2024) before the LXXXVI Additional City Civil and Sessions ...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree of Permanent Injunction. The Court held that the First Appellate Court's failure to frame points for determination under Order 41 Rule 31 CPC vitiated its judgment.

The case involves a property dispute between the appellants (plaintiffs) and the respondents (defendants) concerning a suit for permanent injunction. ...

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High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

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Bombay High Court Allows Petition Challenging Reopening of Assessment in Income Tax Case Due to Lack of Fresh Material. Notice under Section 148 issued beyond four years quashed as there was no failure to disclose material facts and the reasons constituted a change of opinion.

The petitioner, Anil Radhakrishna Wani, a solicitor and advocate, was a partner of Little & Company and retired on 30 September 2002. Upon retirement,...